Liability Release & Terms
By booking services through this website, you are agreeing to the following waiver of liability and acknowleding that you have read and understand the terms.
Liability Release
For the purposes of this agreement and booking through this website, anyone who purchases a session, meeting or class from this website will be referred to as "the student" and Rachel Persson is referred to as "the teacher."
Governing Law: arbitration
This Agreement shall be governed by and construed in accordance with the laws of the State where the services are performed without regard to conflicts of laws provisions thereof. All disputes arising out of this Agreement shall be submitted to final and binding arbitration before a single arbitrator in accordance with the rules of the American Arbitration Association. The place of arbitration shall be in a mutually agreed upon location within the county where the services were performed. The arbitrator’s award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. The sole remedy that can be awarded to Student in the event of an award granted in arbitration is a full refund of Fees paid. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, shall be awarded to Student.
Relationship of parties
Notwithstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not an employee, partner, joint ventures, or agent of the other and shall not bind nor attempt to bind the other to any contract. Teacher is an independent contractor and understands that he is solely responsible for all taxes, withholdings, and other statutory and contractual obligations of any sort, including, but not limited to, workers’ compensation insurance.
California waiver
Student further expressly acknowledges and agrees that, with respect to the release of claims set forth above,Student expressly waived all rights under California civil code section 1542, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY
Limitation of liability
In entering into this Agreement for Services, Student acknowledges that services may be provided toStudent at Student’s home or in a medical facility. Student understands that Teacher has limited roles pursuant to the description of services outlined in this Agreement wherever services are provided. Student acknowledges that Teacher has not represented to Student that there is any risk-free or emergency-free experience in terms of provision of Services. Student understands that the role of a Health Teacher does not make medical decisions on Student’s behalf, including the decision when to seek medical care at a hospital when Services are provided in Student’s home. Student further understands that Teacher is not responsible for the performance of clinical tasks whether inside a medical facility, at home, or in any other location.
Representations by teacher
Teacher hereby represents that (i) the Services will be performed in a professional andworkmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Teacher may have to others; (ii) Teacher shall comply with all applicable laws and safety rules in the course of performing the Services; and (iii) if Practitioner’s work requires a license, Teacher has obtained said license and the license is in full force and effect.
Confidentiality
Student hereby gives Teacher permission to take notes about Student’s health and medical issues and history,including personal information about Student. This information may be shared with the FEMM Medical Management staff and teachers. To share this information with anyone else, Teacher must obtain the express written consent of the student.
Fees and Payments
For services provided hereunder, student shall pre-pay teacher at the time of booking. Any sessions notattended by student (no call/no show) are considered forfeiture of funds and not subject to a refund. For services provided hereunder, Student shall pay Teacher the amount listed in The Contract Items section (“Fee”). Any Fee not paid when due shall be subject to a late fee five percent (5%) of the total balance due, including late fees, for every month or partial month the balance remains unpaid thereafter (“Late Fee”).
Release and Discharge
Student hereby understands and agrees that by entering into this agreement, student, on behalf ofhimself or herself and student’s heirs, administrators, representatives, executors, and assigns, student agrees to release and forever discharge teacher and any employees or support staff of teacher from any and all damages or causes of action, at law or in equity, which student may have or acquire as a result of using the services hereunder. student intends this to be a complete release and discharge teacher from all liability whatsoever.
Disclaimers
Student hereby acknowledges and expressly understands and agrees that Teacher is not a licensed physician. The Services provided under this Agreement are not a substitute for professional medical or mental health care, and Student acknowledges and agrees that Student will not take any actions or fail to take any action as they relate to Student’s healthcare without first consulting a licensed physician or mental health professional. Practitioner’s services are not intended to diagnose, treat, or cure any medical or mental health conditions.
Rescheduling
A. Student may reschedule appointments up to 48 hours before the appointment or at the discretion of the teacher.Failure to reschedule by this time or failing to show up or be available for a scheduled appointment (each, a “No Show”) shall be subject to rescheduling only at the sole discretion of Teacher. If student has more than one No Show during the Term of this Agreement, Teacher may terminate this Agreement upon immediate notice to Student and Student will not be eligible to receive a refund on any Fees paid. B. In rare circumstances, Teacher may need to cancel an appointment with the student at the last minute, whether in person or virtual. Teacher will notify Student by email as soon as practicable if such an instance arises, and Student and Teacher shall work together to reschedule the meeting or other Services contemplated. Student acknowledges and agrees that such rescheduling will not be a breach of Practitioner’s obligations under this Agreement.
Expenses
Any expenses incurred for the proper use of this method are the responsibility of the student including but not limited toclass time, materials, and supplemental needs.
Fertility Awareness Agreement Clause
By learning this method from the teacher, the student acknowledges and waivesthe right to a lawsuit regarding lack of pregnancy or unplanned pregnancy, including but not limited to all complications resulting from said pregnancy or lack thereof.